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Subjective Self Defense Instruction Correctly Refused

By Jonathan Byrne

US v. Gore: After getting into a heated argument with a correctional officer at FCI Gilmer, Gore got into a scuffle with a second officer that resulted in him being sent to "the hole." Gore was charged with assault on and forcibly resisting a correctional officer under 18 USC 111. At trial, Gore asked the district court to give a self defense instruction that allowed the use of force if the correctional officer "uses more force than appears reasonably necessary." The district court rejected that formulation, holding that it was too subjective, and instructed that self defense was available only if Gore "was under an unlawful present or imminent threat of serious bodily injury or death." Gore was convicted at trial and sentenced to 87 (more) months in prison...continue to full post

Full post as published by Fourth Circuit Blog on January 15, 2010 (boomark / email).